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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My wife and I are separated. She lives in rhode is. And I am

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My wife and I are separated. She lives in rhode is. And I am in mass. We had agreed I get the 2 boys tues. And thurs. And every other weekend. She now says I can't have them during the week because the ride is too long. I have not retained an attorney yet because I didn't think we needed one. She has gone to one and this is what he advised her. My children and I are very close. They will be heartbroken and I am out of my mind. The kids are 7 and 3.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :


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FiveStarLaw :

Are you legally separated or just living apart? Is there a current court order in effect regarding the children?

FiveStarLaw :

Are you online?

FiveStarLaw :

Are you legally separated or just living apart?

FiveStarLaw :

Is there a current court order in effect regarding the children?

Customer: Living apart. No court order yet. Online
FiveStarLaw :

Thank you. There may be 2 or 3 min. delays while I am typing

FiveStarLaw :

Since there is no court order in effect regarding the children, the parent in physical possession of the children has custody and can deny visitation to the other parent. Therefore, you may want to consider obtaining physical possession of your children and filing for custody while they are in your possession.

FiveStarLaw :

When a custody action is filed, it must be filed in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain.

FiveStarLaw :

I would be glad to respond to any related follow-up questions that you may have.

Customer: While I have them in mass. Can I file in rhode is.? Do I have any chance at all of getting them during the week?
FiveStarLaw :

While I have them in mass. Can I file in rhode is.? Yes Do I have any chance at all of getting them during the week? Yes

FiveStarLaw :

I will explain

FiveStarLaw :

You have established an agreed visitation arrangement with your wife up to this point. When the parents course of action indicates agreement the court will typically determine that that agreement is in the children's best interest. This is why the attorney is now telling your wife to change the course of action. Typically you would need to ask the court to order a parenting plan at this time reflecting the agreed visitation arrangement that you have established up to this point

Customer: Is distance going to be a problem in your opinion
FiveStarLaw :

What is the distance

Customer: A little over an hour
FiveStarLaw :

No not typically - This is especially true since you have already established a visitation arrangement

FiveStarLaw :

Anything else

Customer: Probably. But I can't think now. This all just happened 20 minutes ago
FiveStarLaw :

I understand. At this point my best advice to you is to meet with local counsel on Monday.If possible, continue with your visitation for the weekend and do not return the children until after you have met with counsel

Customer: Im sorry. You say visitation agreement. It was only done by the 2 of us. No papers
FiveStarLaw :

Yes I understand however your course of action indicates that both parents believed it to be in the children's best interest

Customer: This is not my weekend and I just made an appointment for Monday. Is that going to be bad? Should I wait until next week?
FiveStarLaw :

No – keep your appointment on Monday. Do not let your wife know of your plans. Your attorney will likely advise you to take the children for the weekend and file for custody while they are in your possession

Customer: Thank you
FiveStarLaw :

Remember that if the children have been residing in Rhode Island for the last 6 months that you should retain counsel in rhode island

FiveStarLaw :

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.

Customer: Ok. Thank you very much
FiveStarLaw :

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